(1) This Act may be called the Tripura Shops and Establishments Act, 1970.
(2) It extends to the whole of the Union Territory of Tripura.
(3) It shall come into force on such date as the Administrator may, by notification in the Tripura Gazette, appoint; and different dates may be appointed for different provisions of this Act or for different areas or for different class or classes of concerns or under-takings or for different class or shops or establishments.
Definitions. 2. In this Act, unless there is anything repugnant in the subject or context, - 1[(a) “closed” means not open for the service of any customer or for any business, of the establishment or for work, by or with the help of any employee, of or connected with the shop or establishment.]
2(aa) “apprentice” means a person who is employed, whether on payment of wages or not, for the purpose of being trained in any trade, craft employment in any shop or establishment.
(b) “commercial establishment” means an advertising commission forwarding or commercial agency, or a clerical department of a factory or of any industrial or commercial undertaking an insurance company, joint stock company, bank, broker’s office or exchange, and includes such other class or classes of concerns or undertakings as the Administrator may, after taking into consideration the nature of their work, by notification, in the Tripura Gazette, declare to be commercial establishments, for the purposes of this Act, but does not include a shop or an establishment for public entertainment or amusements;
(c) “day” means a period of twenty-four hours beginning at midnight;
(d) “employer” means a person owning or having charge of an establishment and includes an agent or a manager of and any other person acting on behalf of, such person in the general management or control of such establishment;
(e) “Establishment” means a commercial establishment or an establishment for public entertainment or amusement;
(f) “Establishment for public entertainment or amusement’ means a hotel, restaurant, eating house, café, cinema, theatre and includes such other class or classes of concerns or undertakings as the Administrator may, after taking into consideration the nature of their work, by notification, in the Tripura Gazette, declare to be, for the purposes of this Act, establishments for public entertainment or amusement, but does not include a shop or a commercial establishment;
3[(ff)“family’’ is relation to an employer means the husband or wife, as the case may be, his or her son, daughter, father, mother, brother or sister of such employer who lives with and is dependent on him or her, as the case may be]
1. Subs. by 1st Amendment of 1982(w.e.f.10.08.1982)
2. Ins. by 1st Amendment of1982(w.e.f.10.08.1982)
3. Ins. by 1st Amendment of 1982(w.e.f.10.08.1982) 3
(g) “half day” means a continuous period of five hours and a half,-
(i) in the case of a shop or an establishment for public entertainment or amusement, beginning at the commencement, or ending on the termination, of the ordinary daily working hours of such shop or establishment, as the case may be, and
(ii) In the case of a commercial establishment, between the hours of 4[***]eight o’clock ante meridiem and half past eight o’clock post meridiem;
(h) “lock-out” and “strike” have the same meaning as in the Industrial Disputes Act, 1947;
(i) “Notification” means a notification published in the Tripura Gazette;
5[(j) “person employed’’ means a person wholly or principally employed, whether directly or through any agency and whether for wages or other consideration in connection with any shop or establishment, and includes an apprentice, but does not include a member of the employer’s family]
(k) “Prescribed” means prescribed by rules made under this Act;
(l) 6(***)
(m) “shop” means any premises used wholly or in part for the sale of services to customers or for the wholesale or retail-sale of commodities or articles either for cash or on credit, and includes any offices, store-rooms, go downs or warehouses, whether in the same premises or elsewhere, used in connection with such sale or with the storage of commodities or articles for the purpose of such sale and also includes such other class or classes of premises as the Administrator may, after taking into consideration the nature of the work carried on there, by notification, declare to be shops for the purpose of this Act, but does not include an establishment.
Explanation: - If any doubt arises as to whether any premises are a shop or a commercial establishment for public entertainment or amusement, the question shall be referred to the Administrator by the 7[Labour Officer] Suo Motu or an application and the decision of the Administrator there on shall be final;
(n) “shop-keeper” means a person owning or having charge of the business of a shop, and includes an agent or manager of, and any other person acting on behalf of, such person in the general management or control of a shop;
(o) “wages means wages as defined in the Payment of Wages Act,1936;
(p) “week” means a period of seven days beginning at midnight on Sunday; and
(q) “young person” means a person who has completed his twelfth year but has not completed his fifteenth year.
Reference to time of day
3. References to time of day in this Act shall be deemed to be references to Indian Standard Time, which is five and a half hours ahead of Greenwich Mean Time.
Act or some of its provisions not applicable to certain establishments, shops and persons.